Standing Orders Amending Rules |
|
December 30, 2004 |
Rule 5002-2 |
ORDER AMENDING Uniform
Rules Uniform Local Rule S13-4 as to the Southern District of Mississippi,
amending place of filing of chapter 13 proof of claim - to be filed in the
office of the clerk rather than with the chapter 13 Standing Trustee's
office) Effective January 1, 2005 |
|
December 30, 2004 |
Rule
5005-1
Rule 9076-1 |
ORDER AMENDING UNIFORM
LOCAL RULES (Procedural Rules for Electronic Filing, AUTHORIZATION FOR
ELECTRONIC FILING, including procedure for
registration of attorneys and passwords to permit electronic filing
SERVICE OF DOCUMENTS BY ELECTRONICS MEANS |
Orders Adopting Rules
Table of Rules
UNITED STATES BANKRUPTCY COURTS
NORTHERN AND SOUTHERN DISTRICTS OF MISSISSIPPI
ORDER ADOPTING UNIFORM
LOCAL BANKRUPTCY RULES
The Bankruptcy Judges of the Northern and Southern Districts of Mississippi
do hereby adopt the
attached Uniform Local Bankruptcy Rules, effective July 1, 1989. This Order is entered
pursuant to
Rule 9029, Federal Rules of Bankruptcy Procedure; to the Order entered by
the District Judges
of the Northern District of Mississippi on July 26, 1988; and, to the Order entered by the
District
Judges of the Southern District of Mississippi on August 5, 1988.
The Clerks of each Court shall cause certified copies of this Order and the
attached Uniform
Local Bankruptcy Rules to be placed upon the records of each Court and shall forward
certified
copies to the Director of the Administrative Office of the United States Courts and the
Judicial
Council of the Fifth Circuit.
This Order and the attached Uniform Local Bankruptcy Rules shall be
printed and made available
by the Clerks of each Bankruptcy Court to the members of the Bar and to the public.
ORDERED AND ADOPTED this the 4th
day of May, 1989.
/S/ David W. Houston, III
DAVID W. HOUSTON, III
UNITED STATES BANKRUPTCY JUDGE
/S/ Edward Ellington
EDWARD ELLINGTON
UNITED STATES BANKRUPTCY JUDGE
/S/ Edward R. Gaines
EDWARD R.
GAINES
UNITED STATES BANKRUPTCY JUDGE
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
IN RE: ADOPTION OF UNIFORM LOCAL
BANKRUPTCY RULES FOR THE
UNITED STATES BANKRUPTCY COURTS IN THE NORTHERN AND
SOUTHERN DISTRICTS OF MISSISSIPPI
ORDER
It is hereby ordered that pursuant to Rule 9029, Federal
Rules of Bankruptcy Procedure, the
bankruptcy judge of this district is hereby authorized, subject to the requirements of
Rule 83,
Federal Rules of Civil Procedure, to make local rules regarding bankruptcy practice and
procedure,
not inconsistent with the Federal Rules of Bankruptcy Procedure.
ORDERED and ADJUDGED
this the 26th day of July, 1988.
/S/ L.T. Senter, Jr.
L.T. SENTER, JR., Chief Judge
UNITED STATES DISTRICT COURT
/S/ Neal B. Biggers
NEAL B. BIGGERS
UNITED STATES DISTRICT JUDGE
/S/ Glen H. Davidson
GLEN H. DAVIDSON
UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
O R D E R
It is hereby ordered that, pursuant to Bankruptcy Rule 9029, the
bankruptcy judges of this
district are authorized, subject to the requirements of 83 FR Civ P, to make rules of
practice and
procedure not inconsistent with the Bankruptcy Rules
SO ORDERED this the 5th day
of August, 1988.
/S/ William H. Barbour, Jr.
WILLIAM H. BARBOUR, JR.
UNITED STATES DISTRICT JUDGE
/S/ Tom S. Lee
TOM S. LEE
UNITED STATES DISTRICT JUDGE
/S/ Henry T. Wingate
HENRY T. WINGATE
UNITED STATES DISTRICT JUDGE
/S/ Walter J. Gex, III
WALTER J. GEX, III
UNITED STATES DISTRICT JUDGE
UNIFORM LOCAL RULES OF THE
UNITED STATES BANKRUPTCY COURTS
FOR THE NORTHERN AND SOUTHERN
DISTRICTS OF MISSISSIPPI
Table of
General Rules
Rule 1. Scope of
Local Rules
Rule 2. Attorneys:
Admission and Conduct
Rule 3. Duties of Attorney
for Debtor
Rule 4. Attorney Fee Disclosure
Statement
Rule 5. Place of Filing Petition
Rule 6. Commencement of Case -
Copies, Filing Fees and Other Statutory
Fees and Charges
Rule 7. Master Address List
Rule 8. Procedure When the
United States of America or an Agency Thereof is a
Designated Creditor
Rule 9. Fees for Paper Copies
and Miscellaneous Fees
Rule 10. Amendments to Schedule Additional
Creditor
Rule 11. Meeting of Creditors or Equity Security
Holders
Rule 12. Copy of § 341 Meeting Proceedings
Rule 13. General Practice Rules
Rule 14. Arrangements for Court Reporters
Rule 15. Limit on Interrogatories
Rule 16. Answers to Interrogatories and Filing of
Discovery Materials
Rule 17. Submitting of Order or Judgment After
Hearing
Rule 18. Motion for Summary Judgment
Rule 19. Default Judgments
Supplemental Rules Applicable
to Chapter 7 Cases
Rule S7-1. Procedure for Abandonment of Property
and for Relief from the
Automatic Stay Provisions of 11 U.S.C. § 362 in Chapter 7 Cases
Rule S7-2. Automobile Insurance in Chapter 7 Cases
Supplemental Rules Applicable
to Chapter 11 and 12 Cases
Rule S11- l. Employment of Professional Persons
Rule S11-2. Order Pertaining to Post-Petition Operations in
Chapter 11 and 12 Cases
Supplemental Rules Applicable
to Chapter 13 Cases
Rule S13-1. Copies of Chapter 13 Plan
Rule S13-2. Procedure for Modification of Chapter 13 Plan
Rule S13-3. Vehicle Insurance In Chapter 13 Cases
Rule S13-4. Chapter 13 Proofs of Claim
Rule S13-5. Payments to Creditors in Chapter 13 Cases
GENERAL RULES
Rule 1. Scope of Local Rules
(a) Applicability.
These Local Rules govern proceedings in the United States Bankruptcy
Courts for the Northern and Southern Districts
of Mississippi in accordance with 11
U.S.C. § 105(a) and Rules of Bankruptcy
Procedure 9029.
These Local Rules are
to apply generally to all bankruptcy matters. However, the Local
Rules are not to be considered all encompassing
in that certain special circumstances might
necessarily arise that require the bankruptcy
court to permit exceptions thereto. Internal
operating procedures regulating the internal
operation of the bankruptcy court or the clerk's
office are not contained herein.
Rules 1-20 herein govern practice
under any chapter of the Bankruptcy Code.
Additionally, the following Local Rules govern
practice under specific chapters of the
Bankruptcy Code:
(1) Chapter 7 - Rules S7-1
through S7-2.
(2) Chapters 11 and 12 - Rules
S11-1 through S11-2.
(3) Chapter 13 - Rules S13-1
through S13-5.
(b) Repeal of Prior Local Rules.
All prior Local Rules of the United States Bankruptcy Courts of
the Northern and Southern Districts
of Mississippi are hereby repealed. The repeal of any
prior rule shall not affect any act
done pursuant to or obviate any act required under any prior
rule.
(c) Attorneys' Duty to Adhere to
Rules. All attorneys practicing before the bankruptcy courts for
the Northern and Southern Districts of
Mississippi shall acquaint themselves with these Local
Rules, shall abide thereby, and shall be
subject to disciplinary action for failure to abide by
these Local Rules.
Rule 2.
Attorneys: Admission and Conduct
The admission and conduct of attorneys is regulated by Rule 1, Uniform
Local Rules of the United
States District Courts for the Northern and Southern Districts of Mississippi.
Rule 3.
Duties of Attorney for Debtor
(a) Duties Prior to Filing Petition and
Schedules. Prior to filing the petition and schedules, the
attorney for the debtor shall personally
review them to determine and insure that:
(1) The correct form has been
used;
(2) The petition has been
completed and is accurate;
(3) All state and federal
exemptions available have been properly claimed with the correct
statutory citations;
(4) All of the debtor's assets
and property have been accurately identified;
(5) All lien creditors, their
security interests and the collateral have been accurately
described;
(6) The debtor and the debtor's
attorney have signed the petition at all appropriate places;
and
(7) A notice of alternative
chapters under which an individual debtor(s) may proceed, has
been
properly executed by the debtor(s). It is to be filed with the bankruptcy petition in
all
individual cases. The official local form may be obtained from the clerk.
(8) A schedule of current income
and current expenditures has been included in the petition
and
schedules. 11 U.S.C. § 521(1).
(b) Duties After Filing Petition
and Schedules.
(1) After filing the petition,
the attorney shall fully cooperate with the trustee in the
performance of the trustee's duties and shall keep the trustee advised of all matters
pertinent to the Debtor and the administration of the estate.
(2) If the debtor operates a
business, the attorney shall assist the trustee in obtaining all
business records, ledgers, journals and cancelled checks of the debtor, all keys to the
debtor's business, insurance policies, leases and contracts of the debtor. Such items
shall
be
delivered to the trustee at his request.
(3) The attorney shall determine
whether the debtor wishes to retain any assets subject to a
security interest or lien, and shall contact the creditors to determine the fair value of
the
collateral and whether the creditors desire a lump-sum payment or will refinance for the
debtor. The attorney shall determine whether such collateral is exempt property; whether
there
is any equity in the property for the debtor's estate; and whether the property is
redeemable under 11 U.S.C. § 722.
(4) In determining the value of
automobiles and trucks, the attorney should be aware that the
bankruptcy court shall use as a rule of thumb the "average trade-in" value
stated in the
most recent issue of the "NADA Official Used Car Guide," Southeastern Edition,
as the
fair value of the vehicle for redemption purposes.
(5) The attorney shall use diligent
effort to prevent the debtor from agreeing to a redemption
of
property for more than its present fair value and from reaffirming any indebtedness
which is
not in the best interest of the debtor. The attorney's duty to the debtor includes
protecting the debtor from creditors' improper actions, as well as, imprudent acts of his
own.
(6) The attorney shall appear at
all meetings of creditors, prepared to inform the trustee
and/or the presiding officer of any agreements to redeem personal property between the
creditors and the debtor.
(7) At the time of the filing of
the petition, the attorney shall notify the clerk and the trustee
that
the estate of the debtor contains assets that need to be preserved or protected.
Rule 4.
Attorney Fee Disclosure Statement
If the attorney fee disclosure statement is not timely filed as required
by Bankruptcy Rule 2016(b),
the case shall be subject to dismissal. At the meeting of creditors, the officer presiding
shall review
the attorney fee disclosure statement to insure that the statement was filed within
fifteen days after
the order for relief and meets all requisites of Bankruptcy Rule 2016.
Rule 5.
Place of Filing Petition
(a) General Rule. A
petition commencing a case under Title 11 shall be filed in the following
locations:
(1) for cases in the Northern
District, in the Office of the Clerk of the United States
Bankruptcy Court at Aberdeen, Mississippi, and
(2) for cases in the Southern
District, in the Office of the Clerk of the United States
Bankruptcy
Court at Jackson for the Jackson, Eastern and Western Divisions and at
Biloxi for
the Southern and Hattiesburg Divisions. (See Order Amending entered June
14,
1995).
(b) Emergency Filings. Where
circumstances require immediate filing so as to forestall a judicial
sale or foreclosure sale of any of the debtor's
property, or other like emergency, such
emergency petitions are permitted to be
tendered for filing in the following locations:
(1) for cases in the Northern
District, the petition may be carried by hand to the Office of the
Clerk
of the United States District Court at Greenville, Clarksdale or Oxford,
Mississippi, and there tendered for filing, and
(2) for cases in the Southern
District, the petition may be carried by hand to the Office of the
Clerk
of the United States District Court at Meridian for the Eastern Division or
Hattiesburg for the Southern Division, and there tendered for filing.
In such emergency circumstances, the Clerk of the United States District
Court and his
deputies are authorized to note on such petition the time and date when the petition is
received. The Clerk of the United States District Court shall forthwith transmit the
petition
so tendered, with any accompanying papers, and the filing fee, if paid, to the Clerk of the
United States
Bankruptcy Court. If the petition is eligible for filing under applicable law
and rules, the Clerk of
the United States Bankruptcy Court shall file said petition as of the
time and date when the same was
marked received by the Clerk of the United States
District Court.
(c) Applicability of Rule.
Part (b) of this Local Rule applies only to petitions commencing a
bankruptcy case and not to other bankruptcy
filings.
UNITED STATES
BANKRUPTCY COURTS NORTHERN AND
SOUTHERN DISTRICTS OF
MISSISSIPPI
ORDER AMENDING UNIFORM LOCAL BANKRUPTCY RULE 5
The Bankruptcy Judges of the
Northern and Southern Districts of Mississippi do hereby amend
Uniform Local Bankruptcy Rule 5, effective July 1, 1995, as follows:
RULE 5. PLACE OF
FILING PETITION
(a) General Rule.
A petition commencing a case under Title 11 shall be filed in the following
locations:
(1) for cases in the Northern
District, in the Office of the Clerk of the United States
Bankruptcy Court at Aberdeen, Mississippi, and
(2) for cases in the Southern
District, in the Office of the Clerk of the United States
Bankruptcy Court at Jackson for the Jackson and Western Divisions and at Biloxi for the
Southern, Hattiesburg and Eastern Divisions.
(b) Emergency Filings. Where circumstances require immediate
filing so as to forestall a judicial
sale or foreclosure of any of the debtor's
property, or other like emergency, such emergency
petitions are permitted to be tendered for
filing in the following locations:
(1) for cases in the Northern
District, the petition may be carried by hand to the Office of the
Clerk
of the United States District Court at Greenville or Oxford, Mississippi, and there
tendered for filing, and
(2) for cases in the Southern
District, the petition may be filed in either Office of the Clerk of
the
Bankruptcy Court or the petition may be carried by hand to the Office of the Clerk of
the
United States District Court at Hattiesburg, Mississippi, and there tendered for filing.
In such emergency
circumstances, the Clerk of the United States District Court and
his deputies are authorized to note on such petition the time and date when the petition
is received. The Clerk of the United States District Court shall forthwith transmit the
petition so tendered, with any accompanying papers, and the filing fee, if paid, to the
Clerk of the United States Bankruptcy Court. If the petition is eligible for filing under
applicable law and rules, the Clerk
of the
United States Bankruptcy Court shall file
said petition as of the time and date when the same was marked received by the Clerk
of the United States District Court.
(c)
Applicability of Rule. Part (b) of this Local Rule applies only to petitions
commencing
a bankruptcy case and not to other bankruptcy
filings.
This Order is entered
pursuant to Rule 9029, Federal Rules of Bankruptcy Procedure; to
the Order entered by the District Judges
of the Northern District of Mississippi on July 26,
1988; and, to the Order entered by the District
Judges of the Southern District of Mississippi
on August 5, 1988.
The Clerks of each Court shall
cause certified copies of this Order and Amended Uniform
Local Bankruptcy Rule 5 to be placed upon the
records of each Court and shall forward
certified copies to the Director of the
Administrative Office of the United States Courts and
the Judicial Council of the Fifth Circuit.
This Order and the Amended Uniform
Local Bankruptcy Rule 5 shall be printed and made
available by the Clerks of each Bankruptcy
Court to the members of the Bar and to the
public.
ORDERED AND ADOPTED
this the 14th day of June,
1995.
/S/
David W. Houston, III
DAVID W. HOUSTON,
III
UNITED STATES BANKRUPTCY COURT
/S/
Edward Ellington
EDWARD ELLINGTON
UNITED STATES BANKRUPTCY COURT
/S/
Edward R. Gaines
EDWARD R. GAINES
UNITED STATES BANKRUPTCY COURT
Rule 6.
Commencement of Case - Copies, Filing Fees, and Other
Statutory Fees and
Charges
(a) Copies
of Petitions and Documents. The clerk shall be under no duty to file paperwork
submitted to the clerk in disarray. The attorney
filing any voluntary or involuntary petition shall
personally review all petitions, schedules,
statements and other supporting documents before
delivery to the clerk and shall ensure that all carbon
paper shall have been removed and that all
such paperwork shall be arranged in logical order.
An original and four (4) copies
of a petition, schedules, statements and other supporting
documents under chapter 7, chapter 12 and chapter 13 of the code shall be filed.
An original and six (6) copies
of a petition, schedules, statements and other supporting documents
shall be filed in all chapter 9 and chapter 11 cases.
(b) Filing
Fees and Other Statutory Fees and Charges.
(1) General Requirements. Every petition
shall be accompanied by the prescribed filing fee
except as provided in subdivision (b)(2) of this rule. [See Rule 1006, Federal Rules of
Bankruptcy Procedure and schedule of fees in 28 U.S.C. § 1930(a), as amended.] The
clerk
shall collect such filing fees as well as all other statutory fees and charges provided
by
Chapter 123 of Title 28, United States Code.
(2) Payment of Filing Fee in Installments.
(i) Application for Permission to Pay Filing Fee in
Installments. A voluntary petition by an
individual, if otherwise eligible for filing, shall
be accepted for filing if accompanied by the
debtor's signed application stating that the debtor is
unable to pay the filing fee except in
installments. The application shall state the proposed
terms of the installment payments
and that the applicant has neither paid any money nor transferred
any property to an
attorney for services in connection with the case.
(ii) Action on Application. Prior to the meeting of
creditors, the bankruptcy court may
order the filing fee paid to the clerk or grant leave to
pay in installments and fix the
number, amount and dates of payment. The number of installments shall
not exceed
four, and the final installment shall be payable not later than 120 days after filing
the
petition. For cause shown, the bankruptcy court may extend the time of any
installment, provided the last installment is paid not later than 180 days after filing
the petition.
(iii) Postponement of Attorney's Fees. The filing fee
must be paid in full before the debtor or
chapter 13 trustee may pay an attorney or
any other person who renders services to the
debtor in connection with the case.
(3) Fees Earned Upon Receipt. Filing fees
prescribed by 28 U.S.C. § 1930(a) are fully
earned at the time the petition is received by the clerk. They may not be waived or
refunded if it later appears that the petition was filed in error, or if the case is
subsequently
dismissed
or converted.
(4) Conversion Fees. The fees due on cases
converted from one chapter of title 11 to
another chapter under title 11 shall be the difference between the amount paid when the
petition was originally filed and the amount now required under the chapter to which the
case
is being converted. The only exception thereto is that the amount of the conversion
fee
to be collected when a chapter 7 or chapter 13 case converts at the request of the
debtor to
chapter 11 after November 26, 1986, shall be $400.00 (28 U.S.C. § 1930(a))
or such
other fee as may be required by law.
(5) Fees for Reopening Bankruptcy Code Cases.
Filing fees prescribed by 28 U.S.C. §
1930(a)(1) through (5) for the chapter in which the case was closed shall be collected
when
a bankruptcy case is reopened, unless the reopening is to correct an administrative
error
or for actions related to the debtor's discharge. If a bankruptcy case is reopened for
any other
purpose, the appropriate fee to be charged is the same as the filing fee in effect
for
commencing a new case on the date of the reopening.
(6) Enforcement Provisions. If any installment of a
filing fee or any other statutory fee or
charge required in a case under Chapter 123 of Title 28, United States Code, shall not
be
timely paid, the court may, sua sponte, and after notice and a hearing, dismiss the
subject case for cause, deny confirmation of any proposed plan or grant such other relief
or take
such other action as the court deems appropriate. Cumulative to the provisions of
Rule
4004(c), Federal Rules of Bankruptcy Procedure, no discharge shall be granted to a
debtor who
shall not have fully paid the filing fees and/or conversion fees in the subject
case.
Rule 7. Master Address
List
The debtor shall prepare and
present a master address list on forms provided by the office of the
clerk. The master address list shall include the correct mailing addresses of the debtor,
the attorney
for the debtor, all creditors listed on the bankruptcy schedules and the U. S. trustee.
The
responsibility for maintaining the accuracy of the master address list shall be that of
the attorney for
the debtor or the debtor filing pro se, and not the responsibility of either the
bankruptcy court or the clerk.
In the Northern District of Mississippi, for reasons related to the
computerized database, the
debtor and the attorney for the debtor should not
be named on the master address list because
their names and addresses are retrieved from other paperwork.
In the Northern District, the matrix or master address list is read by an
optical character reader.
As such, the matrix must be prepared in the optical character reader - compatible manner
described
in the Northern District standing order, entered on November 4, 1988. A copy of the order
is
appended as an exhibit to this Rule 7.
EXHIBIT TO RULE 7
UNITED STATES
BANKRUPTCY COURT
NORTHERN DISTRICT OF
MISSISSIPPI
STANDING ORDER RE MASTER MAILING
LIST (MATRIX) REQUIREMENTS
FOR FILING A BANKRUPTCY PETITION IN THIS
COURT AND RELATED MATTERS
WHEREAS, the Judicial
Improvements Committee of the Judicial Conference of the United
States, the Federal Judicial Center and the Administrative Office of the United States
Courts have
designated this Court, along with the U.S. Bankruptcy Court for the Southern District of
West
Virginia and the U.S. Bankruptcy Court for the Eastern District of Oklahoma, as a pilot
project
court for the innovation of a highly sophisticated bankruptcy case management computer
software
program called "BANCAP"; and
WHEREAS, said pilot project, called the "PC BANCAP Pilot Project",
is a pioneering
automation development in that heretofore only three metropolitan Bankruptcy Courts
(in the
Western District of New York, the Western District of Texas and the Western District of
Washington), plus a limited number of metropolitan expansion courts, necessarily using
very
expensive mainframe computers, have served as BANCAP software courts; and
WHEREAS, the current PC BANCAP Pilot Project, which involves the transfer of
such
BANCAP software to much less expensive personal computers (PC), if successful, will make
possible the economical rapid expansion of automated bankruptcy case management to all of
the
non-metropolitan Bankruptcy Courts across the nation; and
WHEREAS, one of the fundamental elements in the operation of the BANCAP
Program is the
optical scanning of debtors' master mailing lists (matrices) by means of an Optical
Character Reader
(OCR), the utilization of which requires a high degree of precision in the preparation of
a
debtor's matrix or master mailing list; and
WHEREAS, the Clerk of this Court will mail or otherwise make available to all
bankruptcy
practitioners who practice in this court the specifications for and exemplars of a
debtor's matrix in
the form absolutely necessary for the operation of the Optical Character Reader (OCR)
being
installed in the Clerk's office as one component of the bankruptcy case management
automation
system made available to this Court by reason of this Court's having been selected as one
of said
PC BANCAP Pilot Project Courts; and
WHEREAS, under the authority of this Court, the Clerk of this Court will
provide to such
bankruptcy practitioners other information needful in the operation of said BANCAP
Program; it is
ORDERED that, commencing with petitions filed on and after December 1, 1988, which is the
anticipated startup date for the PC BANCAP Project, each debtor's original matrix or
amended
matrix submitted to the office of the Clerk of this Court shall comply strictly with the
said
specifications therefor provided by or obtained from the Clerk of this Court for such
BANCAP
Program; and it is further
ORDERED that all bankruptcy practitioners, trustees, debtors,
creditors and all other parties
in interest in bankruptcy cases included at any future time in the
BANCAP Program database
in this Court shall cooperate fully with all guidelines promulgated as to
such automation program
from time to time as circumstances may require.
DATED: November 3, 1988
/S/ David W. Houston, III
DAVID W. HOUSTON, III
CHIEF JUDGE, U.S. BANKRUPTCY COURT
NORTHERN DISTRICT OF MISSISSIPPI
Rule 8. Procedure When the United States of America or an Agency
Thereof is a Designated Creditor
(a) General Requirement. In the event that the
United States of America or an agency thereof is
listed as a creditor, the debtor or debtor in
possession shall include on his master mailing list
or matrix, the name of the agency in care of
the office of the United States Attorney for the
district in which the case is filed; and also
the name of the agency at its local field office
address.
(b) Effect of Rule. This
Local Rule supplements, and in no way modifies, the notice requirements
of Rule 2002(j), Rules of Bankruptcy Procedure.
Rule 9. Fees for Paper Copies and
Miscellaneous Fees
Northern District
Because the clerk is not
required by law or rule to maintain an imprest or change-making fund,
anyone remitting or delivering payments of fees shall tender the exact amount of such fee
to the
clerk.
Anyone seeking paper copies of materials on file in the office of the clerk
shall submit a written
request therefor or shall request such copies at the intake counter in the clerk's office
and shall remit
or deliver payment to the clerk before such copies shall be made. If payment is made by a
negotiable instrument, such negotiable instrument shall be made payable to "Clerk,
U.S. Bankruptcy
Court." The fee for such copywork shall be Fifty Cents ($.50) per page or such other
amount as
shall be prescribed by the Judicial Conference of the United States.
For every search (including, but not limited to, a search to determine
whether or not an entity has
filed voluntarily or been named involuntarily as a bankrupt or debtor in a bankruptcy
case) of the
records of the bankruptcy court conducted by the clerk's office, advance payment of
Fifteen
Dollars ($15.00) per name or item searched or such other fee as shall be prescribed by the
Judicial
Conference of the United States shall be paid to the clerk by the requestor. If time does
not permit
the delivery of such advance payment because of the imminence of a foreclosure sale or
like
emergency, the clerk may exercise discretion in permitting the inquirer to mail such
search fee on the
day of the inquiry. If such a search is required in order to locate paperwork which is to
be copied,
both the search fee and the copywork fee along with any certification fees shall be paid
to the clerk.
The clerk shall also collect all other miscellaneous fees prescribed by the
Judicial Conference of
the United States.
The Judicial Conference Schedule of Fees authorized by 28 U.S.C. § 1930(b),
as amended from
time to time, is annotated to and may be found appended to the printing of said federal
statute in 28
U.S.C. § 1930, as amended. Practitioners are referred both to said federal statute and to
the
Judicial Conference Schedule of Fees appended thereto for a determination of appropriate
miscellaneous fees.
Southern District
Any party seeking copies of
materials on file with the office of the clerk shall submit a written
request and shall include a firm's check, money order or cashier's check in the proper
amount. Such
check or money order shall be made payable to "Clerk, U. S. Bankruptcy Court."
The copy fee is
Fifty Cents ($.50) per page, each record search is Fifteen Dollars ($15.00) and each
certification of
a judgment or order is Five Dollars ($5.00).
Rule 10. Amendments to Schedule
Additional Creditors
If a schedule is amended to
include an additional creditor, the debtor and/or the debtor's attorney
shall send a copy of the amended schedule to the affected creditor, to the trustee and to
the U. S.
trustee. In addition, the debtor and/or the debtor's attorney shall give notice by mail to
the affected
creditor that the said creditor has twenty (20) days within which to request of the U. S.
trustee an
adjourned § 341(a) meeting if he wishes to examine the debtor under oath, and that the
affected
creditor has sixty (60) days within which to file a complaint objecting to discharge under
§ 727(a)
and § 1141 of the Code or to the dischargeability of any debt under § 523(c) of the Code
or to file
a motion to seek an extension of time for filing a complaint, unless a longer period of
time is
provided by Rules 4004, 4007 and 9006, Rules of Bankruptcy Procedure. The debtor shall
also
file the amended schedule, amended master address list (matrix) and a copy of the
aforesaid notice
with the clerk, including an attorney's certificate of mailing, as well as any filing fee
required under
the following excerpt from the Judicial Conference Schedule of Fees:
"For amendments to a
debtor's schedules of creditors or lists of creditors after notice to creditors,
$20.00 for each amendment, provided the bankruptcy judge may, for good cause, waive the
charge
in any case."
In the event that an affected creditor files a written request with the U. S.
trustee to examine the
debtor under oath, an adjourned § 341(a) meeting may be scheduled. In the event that an
affected
creditor requests an extension of time to file a complaint as denoted hereinabove, such
motion will
be considered by the court.
To ascertain the details for filing the aforesaid complaints objecting to
discharge or the discharge
ability of a debt, see Rules 4004, 4007 and 9006, Rules of Bankruptcy Procedure.
Rule 11. Meeting of Creditors or
Equity Security Holders
The appearance of the debtor
and the debtor's attorney at the § 341(a) meeting is mandatory,
unless waived for cause by the bankruptcy court. Failure of the debtor and the debtor's
attorney to
attend said meeting may result in the dismissal of the bankruptcy case or sanctions,
including
assessment of the expenses and attorney's fees of creditors attending the meeting as
noticed.
Any request by the debtor made prior to the scheduled § 341(a) meeting to
reschedule the §
341(a) meeting shall be submitted to the U.S. trustee. The debtor and the debtor's
attorney shall be
responsible for notifying all creditors of any rescheduling or waiver of a § 341(a)
meeting, and
failure to so notify creditors may result in the imposition of appropriate sanctions,
including
assessment of the expenses and attorney's fees of creditors attending said meeting.
Rule 12. Copy of § 341 Meeting Proceedings
(a) Obtaining
Transcript. Any party seeking a
transcription of the § 341 meeting of creditors may
obtain a copy of the recorded proceeding:
(1) From the U.S. trustee; or
(2) By hiring a licensed court reporter to transcribe such tape under the supervision of
the
U.S.
trustee.
(b) Custody and Preservation of
Audio Tape Recordings. All audio tape recordings of § 341
creditors' meetings shall be delivered to and
maintained by the U.S. trustee for a period of one
year from the date of the § 341 meeting, but
the bankruptcy court may extend the time period
for maintaining such tapes upon motion of the
debtor, the debtor-in-possession, the U.S.
trustee, the trustee, a creditor or other party
in interest, provided such request is made within
one year of the initial § 341 meeting. The
U.S. trustee shall make or cause to be made an
audio tape recording of each § 341 creditors'
meeting and shall preserve the same as
provided herein.
Rule 13. General Practice Rules
The following Local Rule
governs certain motion, adversary proceeding, contested matter and
other practice before the bankruptcy judges of the Northern and Southern Districts.
JUDGE HOUSTON
(a) Contested
Proceedings. Contested matters shall
be initiated by motion practice as provided in
Rule 9014, Rules of Bankruptcy Procedure. This
applies to such actions as modifications of
the automatic stay, use of cash collateral,
approval of post-petition financing, objection to
confirmation, etc. The following procedures
apply:
(1) A certificate of service shall be attached to the motion, indicating that the motion
has
been
served on the opposing party, the opposing party's attorney, or otherwise, any
necessary party to the proceeding as contemplated by the Bankruptcy Code, the Rules of
Bankruptcy Procedure, or these Local Rules.
(2) In conformity with Rules 4 and 5, Federal Rules of Civil Procedure, the original and
one
(1)
copy of the motion, as well as, the certificate of service on the opposite party or
counsel, shall be filed.
(3) Upon receipt of the motion and certificate of service, the clerk of the court will
notice all
parties to the contested proceeding of the date, time and place of the hearing, or
alternatively, will advise the moving party of the noticing procedures which will
thereafter
be carried out by the moving party. Each hearing will be noticed only once. The clerk
will further advise whether a responsive pleading is required by the court.
In the event that the court orders that notice be given wider distribution, then, upon
receipt of the motion and certificate of service, the court will enter the appropriate
order
which
may direct the moving party to serve a copy of the motion and give notice of the
hearing on certain parties in interest to be specified in the order. In this event, the
bankruptcy clerk shall mail a copy of the order and prescribed notice to the moving party
who
will distribute the notice pursuant to the order and file a certificate of service
evidencing compliance. In the event that the moving party fails to comply with the terms
of
the order for notice and service of the motion or fails to file the required
certificate of
service,
then the motion may be denied and the court may impose any other appropriate
sanctions.
(4) Should no responsive
pleading, if required by the court, be filed within the time
designated by the court, the relief requested in the motion may be granted without
hearing, and the moving attorney shall submit an appropriate order for entry by the court
within five (5) days of the scheduled hearing date.
(b) Adversary Proceedings. All adversary proceedings
designated in Rule 7001, Rules of
Bankruptcy Procedure, shall be initiated
by the filing of a complaint, as well as, the payment
of the designated filing fee. A
bankruptcy cover sheet shall accompany the complaint. A
summons shall be issued by the court and
served by the plaintiff pursuant to Rule 7004. The
summons, according to Rule 7012, shall
designate the time within which to answer or
responsively plead to the complaint.
Should no answer or responsive pleading be filed within
such time, the relief requested in the
complaint may be granted by default without further
hearing, pretrial conference, or trial.
(Rule 55, Federal Rules of Civil Procedure). After an
answer or responsive pleading has been
filed, an Order on Discovery will be mailed by the
clerk to all counsel involved in the
proceeding requesting a stipulation as to a deadline for
completion of discovery. The stipulation,
which also includes a request and/or waiver of a
pre-trial conference, shall be returned
to the clerk within 14 days of the date of the initial
Order on a form provided by the clerk.
Thereafter, a Scheduling Order (Rule 16, Federal
Rules of Civil Procedure) shall be entered by
the court setting the discovery deadline, the
deadline for the filing of motions to amend
and/or to join additional parties, as well as, the
deadline for filing other pre-trial motions.
If a pre-trial conference is
necessary, it will be scheduled within 30 days of the deadline for
the filing of other pre-trial motions. The
pre-trial conference is regarded by this court as an
essential mechanism for the prompt and
efficient administration of justice through defining the
issues, obtaining stipulations and admissions
of fact, and exchanging exhibits and lists of
witnesses. To the end that the court's business
may be facilitated, delay avoided and the
expense of litigation held to a minimum, it
shall be the absolute duty of counsel for all parties:
(1) To resolve by stipulations, to
be included in the pre-trial order or equivalent document in
each
case, all relevant facts which are not in good faith controverted.
(2) To exchange with counsel for all
other parties true copies of all exhibits proposed to be
offered in
evidence, other than those to be used for impeachment purposes only, and to
stipulate
the authenticity of each exhibit proposed to be offered in evidence by any other
party
unless the authenticity of any such exhibit is in good faith controverted. In the event
counsel
shall refuse to stipulate the authenticity of a proposed exhibit, counsel shall state
the precise
ground of objection to the authenticity of the exhibit, to be included in the
pre-trial
order. Unless admissibility of any exhibit is stipulated, its receipt in evidence shall
be governed
by Federal Rules of Evidence.
(3) To exchange with counsel for all other parties lists of witnesses, whether the
testimony of
such
witnesses will be given in person or by deposition. Such witness lists shall include the
name
and address of each witness, and shall indicate whether the witness will give fact or
expert testimony, or both.
The failure of counsel to fulfill the above obligations will be regarded as a serious
violation of this rule, and may result in the imposition of appropriate sanctions against
the
responsible attorney, or his client, or both.
Each party shall be represented at the pre-trial conference by an attorney who will
actually participate in the trial and who has a familiarity with the case. Such attorney
must
have
full authority to speak for the client and enter into binding agreements and
stipulations on behalf of the client.
It shall be the obligation of counsel for all parties to confer in advance of a pre-trial
conference
for the purposes of (1) reaching agreement upon those relevant facts which are
not in good
faith controverted and can be stipulated or taken as admitted, and (2)
exchanging
true copies of all exhibits proposed to be offered in evidence at the trial, other
than those
to be used for impeachment purposes only.
After the pre-trial conference has been concluded, a pre-trial order setting out
the
stipulations and agreements of the parties and the other proceedings had at the pre-trial
conference
shall be prepared by counsel and submitted to the bankruptcy judge for his
approval.
The individual to be responsible for the preparation of the pre-trial order and
the
deadline for its submission to the court shall be fixed by the court at the pre-trial
conference.
The clerk of the court shall transmit to all counsel with the notice of the
pre-trial
conference one or more copies of the pre-trial order form currently in use.
Notwithstanding the value of a meaningful pre-trial conference, this court recognizes that
in
certain
cases the procedure may not be necessary only because of the simple or
uncomplicated nature of the case. Therefore, the court may dispense with the necessity of
a pre-trial
conference in a proper case where the parties jointly agree in writing and the
court
consents thereto after examining the file. Provided, however, that in any case where
a pre-trial
conference is deemed unnecessary, counsel must file with the court a statement
of the
uncontradicted facts, and a list of exhibits and witnesses; such statement shall also
indicate a
timely exchange of exhibits to be offered at the trial and the exchange of this list
of
witnesses. The court may order the holding of a pre-trial conference and the adoption
of a
pre-trial order, notwithstanding the opinion of counsel that in their judgment such will
not
materially facilitate the trial or disposition of the case.
The trial of the adversary proceeding
shall be scheduled when convenient after the conclusion of
the pre-trial conference, or if such pre-trial conference is deemed unnecessary, after the
filing with
the court of the statement of uncontradicted facts, etc.
(c) Briefs and Memoranda of Law
(1) Trial Briefs. Unless otherwise
directed by the court in a particular cause, the submission
of a
trial brief on the merits of a case is within the discretion of the parties; provided,
however, a copy of any such brief so submitted to the court shall be simultaneously
served upon counsel for the opposing party. Briefs shall not exceed 35 pages without
prior
approval of the court.
(2) Citation of
Authorities. If any brief or other
paper submitted in support of a legal
argument in any case cites or relies upon any authority other than a Mississippi statute,
Federal statute, Federal rule, United States Supreme Court case, or a case reported in
the
Southern Reporter, Southern Reporter Second, Federal Supplement, Federal
Reporter, Federal Reporter Second, Federal Rules Decisions, West's Bankruptcy
Reporter, Bankruptcy Court Decisions published by Corporate Reorganization Reporter,
Inc.,
or Bankruptcy Law Reporter published by Commerce Clearing House, a copy of
such
authority must accompany the brief or other paper citing it.
(d) Procedure for Obtaining Approval of Agreements or Agreed Orders in
Conformity with Rule
4001(d),
Rules of Bankruptcy Procedure
To comply with Rule
4001(d), Federal Rules of Bankruptcy Procedure, all agreed orders or
motions to approve agreements applicable to the granting of adequate protection, relief
from the
automatic stay, the use of cash collateral, and obtaining credit where an entity consents
to the
granting of a senior or equal lien to the entity's lien or interest in property should be
disseminated,
when appropriate, to those persons or entities designated in Rule 4001(d)(1). A pattern
notice form
setting forth an objection period will be furnished by the clerk of the court. The pattern
notice, as
well as, the proposed agreed order and/or the motion to approve the agreement with- the
agreement
attached should be disseminated as indicated. A certificate of service should thereafter
be filed with
the clerk acknowledging the dissemination.
JUDGE ELLINGTON
Consult with the courtroom deputy clerk or
law clerk as to particular procedures.
JUDGE GAINES
Consult with the courtroom deputy clerk or
law clerk as to particular procedures.
Rule 14. Arrangements for Court
Reporters
Should any party desire a
transcription of a contested or adversary proceeding by a court
reporter, the said party must contact the clerk at least five (5) days prior to the
scheduled hearing
requesting the services of a court reporter, and the court reporter will then be provided
by the
bankruptcy court. Should a request not be made by a party to the proceeding, the court
reporter
may not be available, and the transcription of the proceeding will be deemed waived.
Rule 15. Limit on
Interrogatories
Interrogatories propounded by any party to another party shall be
limited to one (1) set of
questions, not to exceed thirty (30) in number, except by order of the bankruptcy court
for good
cause shown. In computation of the number of questions propounded, each subpart of a
question
shall be counted as a question.
Rule 16. Answers to Interrogatories
and Filing of Discovery Materials
(a) Responses to Discovery Requests. When answering
interrogatories, requests for production,
and requests for admission, the replying party shall,
as part of his answer, set forth immediately
preceding the answer the question or request to which
such answer is given. Failure to comply
with this subdivision may result in the imposition of
sanctions upon motion by the party
propounding the discovery.
(b) Non-filing of
Discovery. Interrogatories under
Rule 7033 of the Bankruptcy Rules, and the
answers thereto, Requests for Production or
Inspection under Rule 7034 of the Bankruptcy
Rules, Requests for Admissions under Rule 7036
of the Bankruptcy Rules, and responses
thereto, and depositions under Rules 7030 and
7031 of the Bankruptcy Rules, shall be served
upon other counsel or parties, but shall not be
filed with the court. However, the court, on its
own motion or for good cause shown, may direct
that any deposition, discovery request or
discovery response be filed with the clerk. The
party responsible for service of the discovery
material shall retain the original and become
the custodian thereof.
(c) Motions to
Compel.
(1) Prior to service of a motion to compel discovery for whatever reason, all counsel
shall be
under
a duty to confer in good faith to determine to what extent discovery disputes can
be
resolved before presenting the issue to the bankruptcy judge. No such motion shall be
heard
by the bankruptcy judge unless counsel for the moving party shall incorporate in his
motion a certificate that he has conferred in good faith with opposing counsel in an
effort
to
resolve the dispute and has been unable to do so.
(2) Motions to compel discovery, in accordance with Rules 33, 34, 36, and 37, Federal
Rules
of Civil Procedure, as adopted by the Bankruptcy Rules, shall quote verbatim each
interrogatory, request for production, or request for admission to which the motion is
addressed, and shall state (i) the specific objection, (ii) the grounds assigned for the
objection (if not apparent from the objection itself), and (iii) the reasons assigned as
supporting the motion, and shall be written in immediate succession to one another. Such
objections and grounds shall be addressed to the specific interrogatory, request for
production, or request for admission and may not be general in nature.
(d) Additional Requirement Concerning Relief Under F.R.C.P.
26(c) and 37. If relief is sought
under Rules 26(c) or 37, Federal Rules of Civil
Procedure, as adopted by the Bankruptcy
Rules, concerning any interrogatories, requests
for production or inspection, requests for
admissions, answers to interrogatories or
responses to requests for admissions, copies of the
portions of the interrogatories, requests,
answers or responses in dispute shall be filed with the
bankruptcy court contemporaneously with any
motion filed under said Rules.
(e) Filing of Discovery Needed for Trial or Dispositive
Motion. If discovery requests, discovery
responses or depositions are to be used at
trial or are necessary to a pre-trial motion which
might result in a final order on any issue, the
portions to be used shall be considered an exhibit
and filed with the clerk at the outset of the trial
or at the filing of the motion insofar as their use
can be reasonably anticipated.
(f) Filing of Discovery Needed for
Appeal. When
documentation of discovery not previously in
the record is needed for appeal purposes, upon
an application and order of the bankruptcy
court, or by stipulation of counsel, the
necessary discovery papers shall be filed with the clerk.
Rule 17. Submitting of Order or
Judgment After Hearing
After hearings held in the
bankruptcy court, the prevailing party shall submit an order or judgment,
consistent with the bankruptcy court's ruling, within ten (10) days of the hearing, or
such other time
as the bankruptcy court may direct, for the bankruptcy court's approval and entry.
Except as otherwise directed by the bankruptcy court, prior to submitting the
order or judgment
to the bankruptcy court, the prevailing party shall submit the order to all parties appearing
at the
hearing for signature indicating approval as to form. Parties to whom the order or judgment has
been submitted shall promptly sign it or promptly contact the party who drafted it to express
any
criticism.
The court may impose disciplinary sanctions against any attorney failing to
abide by this rule.
Rule 18. Motion for Summary
Judgment
Any motion for
summary judgment must comply with the following substance and form
requirements. Any motion that does not may be denied immediately without requiring a
response
from the non-moving party.
I.
If Movant Has The Burden of Proof On The Issue Upon Which
Summary Judgment Is Sought
A. Movant
1. List and separately number
each material fact in the prima facie claim or affirmative defense
upon which summary judgment is sought, with the
understanding that if the court finds a
genuine issue as to any one of the facts listed,
summary judgment will be denied.
2. For each material fact
listed, cite the factual authority. (e.g., "Paragraph 3 of Complaint,
admitted in Defendant's Answer," "page 12
of John Doe's Deposition," "Defendant's Request
for Admission No. 4, admitted," "Paragraph
5 of Affidavit of John Doe.")
3. Attach as exhibits to the motion the factual authorities relied upon for
establishment of the
material facts. (e.g., Supporting Affidavit, extracts
of depositions or Requests for Admission,
etc. Do not attach entire depositions or pleadings,
just the pertinent portions relied upon.)
B. Respondent
1. List any material facts
recited by the movant about which the respondent contends there is a
genuine issue of fact and cite and attach the factual
authorities that create the issue of fact.
2. Cite any additional material
facts (a) that the respondent contends are part of movant's prima
facie case, but were not included in movant's list of
the facts constituting the prima facie case,
and (b) which the respondent contends established.
For each such fact either (a) cite and
attach any factual authorities which the respondent
contends creates a genuine issue as to that
fact or (b) assert that the movant has the burden of
persuasion on that fact and has no evidence
to support the fact.
3. If the respondent relies on
any affirmative matter upon which the respondent has the burden of
persuasion to counter the motion for summary
judgment, follow the procedures set forth in
Paragraphs 1 - 3 of Part A above.
II.
If Movant Does Not Have The
Burden of Persuasion on The Issue
Upon Which Summary Judgment Is Sought
A. Movant
1. List the material facts that
the movant contends constitute the non-moving party's prima facie
case.
2. Designate which facts in the
non-moving party's prima facie case the movant contends do not
exist and (a) cite and attach the factual authorities
the movant contends establish the
non-existence of each designated fact and/or (b)
assert that there is no evidence to support the
existence of the designated fact.
(1)
B. Respondent
For each material fact
designated by the movant as being part of the respondent's prima facie case
and claimed by the movant that there is evidence of its non-existence and/or no evidence
of its
existence, the respondent should either (a) cite and attach any factual authorities
supporting the
existence of the fact or (b) deny that the respondent has the burden of persuasion to
establish this
fact as part of the respondent's prima facie case.
III.
Briefs
1. Each motion for summary
judgment must be accompanied by a memorandum brief.
2. The respondent shall file
its response and memorandum brief within 20 days of service of the
motion for summary judgment and supporting
memorandum.
Rule 19. Default Judgments
(a) Procedure. Pursuant to Bankruptcy Rule 7055,
Rule 55 of the Federal Rules of Civil
Procedure applies to default judgments in all
adversary proceedings. Should a party be
entitled to a default judgment, the party must file
with the clerk the following: an Application
To Clerk For Entry Of Default and Supporting
Affidavit (including proof of service of
process), an Entry of Default, a Request For Court's
Entry Of Default Judgment, and a
proposed Default Judgment to be entered by the
court.
(b) Forms. Upon appropriate request to the clerk,
pattern forms shall be provided to a party
seeking a default judgment.
SUPPLEMENTAL RULES APPLICABLE TO CHAPTER 7 CASES
Rule S7-1. Procedure For Abandonment of Property And For Relief
From the Automatic Stay Provisions Of 11 U.S.C. § 362
in Chapter 7 Case.
(a) Abandonment by Trustee Pursuant to 11 U.S.C. § 554 (a)
Pursuant to 11
U.S.C. § 554(a), a trustee in a chapter 7 case may abandon any property of
the estate on the trustee's own initiative. Prior to abandoning any property, the trustee
shall first
determine that the property is burdensome to the estate or that the property is of
inconsequential
value or benefit to the estate.
Any time a trustee abandons
property, the notice of abandonment shall be in writing, and shall be
filed with the clerk of the court. A copy of the notice shall be served on the U.S.
trustee, the
debtor(s) and the attorney for debtor(s). Pursuant to Rule 6007, Federal Rules of
Bankruptcy
Procedure, the notice shall be limited to these parties unless otherwise ordered by the
court. The
trustee shall file a certificate of service attached to the notice of abandonment with the
clerk of the
court naming the parties served and the date of service.
Pursuant to Rule 6007, Federal Rules of Bankruptcy Procedure, a notice of
abandonment shall
inform the parties that any objection to the abandonment must be filed in the office of
the clerk
within fifteen days from the date of the notice, and such objection must be served on the parties
entitled to notice of the abandonment. If an objection is filed, the matter will be scheduled for
hearing. If no objection is filed, the abandonment will be deemed to have been made by the
trustee with
the court's approval.
(b) Relief from the automatic stay provisions of
11 U.S.C. § 362(a), coupled with a
request for abandonment pursuant to 11 U.S.C. §
554(b)
Abandonment does not
correspondingly provide relief from or modification of the automatic stay
provisions of 11 U.S.C. § 362(a). Relief from the automatic stay must be obtained
pursuant to 11
U.S.C. § 362(d) prior to any action being instituted against any property protected by
the automatic
stay. If relief from the automatic stay is to be obtained in a chapter 7 case, a creditor
or party in
interest must file a motion with the clerk of the court. If the trustee has not previously
abandoned the
property from the estate voluntarily, the motion seeking relief from the automatic stay
should also
request that the court order the trustee to abandon the property pursuant to 11 U.S.C. §
554(b).
The debtor(s) and the trustee should be named as respondents. A copy of the motion must be
served on each respondent along with the attorney for the debtor(s) and the U.S. trustee.
A
certificate of service shall be attached to the motion specifying the parties served and
the date of
service. A hearing will then be scheduled by the clerk of the court for consideration of
the motion.
When a motion seeking relief from the automatic stay is filed, coupled with a
request to have the
trustee abandon the property from the estate pursuant to 11 U.S.C. § 554(b), the moving
party shall
include in the motion and/or attach to the motion the following:
(1) A description of the subject property;
(2) A complete and legible copy of the movant's security agreements and security
instruments
which
establish a valid lien encumbering the subject property;
(3) The value of the subject property and the basis of the valuation; and
(4) The amount of the outstanding indebtedness secured by each lien encumbering the
subject
property as reflected by the schedules of the debtor(s) or such other amount as may be
known
by the movant.
(c) Agreed
Orders. If the moving creditor, the
debtor(s) and the trustee agree as to the relief to
be granted, i.e., relief from the automatic
stay as well as abandonment, then an agreed order
signed by the debtor(s) or the attorney for the
debtor(s), the trustee and the moving creditor
may be submitted to the court for
consideration.
(d) Dissemination of Order After Entry. If an order
is entered by the court lifting the automatic
stay as to real property and/or
abandoning real property from the bankruptcy estate, the
moving creditor shall mail copies of said
order, within ten days of the date of its entry by the
court, to any other creditors having a
lien on said real property as reflected in the schedules
filed by the debtor(s).
Rule S7-2. Automobile Insurance in
Chapter 7 Cases
If the original schedules
reflect that the debtor owns an automobile(s), then the schedules shall
reflect with particularity as to each automobile whether physical damage insurance is in
effect,
including listing the name, address and telephone number of the agent or company which has
the
coverage and the date of expiration of the said insurance coverage.
SUPPLEMENTAL RULES APPLICABLE TO CHAPTER 11 AND 12
CASES
Rule S11-l. Employment of Professional
Persons
In chapter 11 and chapter 12
cases, the order approving the employment of attorneys and other
professional persons pursuant to Bankruptcy Rule 2014 shall conform substantially to the
form for
counsel appended as an exhibit.
Rule S11-2.
Pertaining to Post-Petition Operations in Chapter
11
and 12 Cases
Standardized orders or standing
orders, pertaining to post-petition operations by the debtor or
reporting requirements imposed on the debtor, may be entered by the court. Copies of these
orders
may be obtained from the clerk of the court.
SUPPLEMENTAL RULES APPLICABLE TO CHAPTER 13 CASES
Rule S13-1.
Copies of Chapter 13 Plan
Northern District
The attorney for debtor (or the
debtor) shall serve on all creditors the trustee, the U.S. trustee, and
all other parties in interest a copy of the chapter 13 plan within the time period ordered
by the
bankruptcy court.
Southern District
The debtor shall furnish to the
clerk a sufficient number of copies of the summarized chapter 13
plan to enable the clerk to furnish a copy to the trustee, the U.S. trustee, or any
creditor or other
party in interest upon request. These copies shall be furnished with the filing of the
schedules.
Rule S13-2. Procedure for
Modification of Chapter 13 Plan
(a) Prior to Confirmation. The debtor may file a
modification of the chapter 13 Plan with the clerk
of the court at any time before the plan is
confirmed, in accordance with § 1323(a). The
attorney for the debtor shall send notice of
such modification to the trustee, the U.S. trustee
and to all creditors affected by the
modification. A copy of the notice, including a certificate of
mailing, shall be filed with the modification.
(b) After
Confirmation. The debtor shall send notice
of such modification, accompanied by a
copy or summary of the proposed modification,
to the trustee, the U.S. trustee and to all
creditors affected by the modification. The
notice shall advise that any objections to the
proposed modification shall be filed by written
pleading with the bankruptcy court and the
trustee within twenty (20) days of mailing of
the notice. A copy of the notice, including a
certificate of mailing, shall be filed with the
proposed modification. If no objection is timely
filed, the bankruptcy court may approve the
plan as modified.
Rule S13-3.
Vehicle Insurance In
Chapter 13 Cases
Northern District
Issues concerning car insurance
in chapter 13 cases will be considered by the bankruptcy court
on a case-by-case basis.
Southern District
If the debtor(s) plan provides
for payments in the plan on a vehicle or vehicles and the debtor(s)
has physical damage insurance in effect on the date of filing, the debtor(s) shall list on
the plan the
name, address and telephone number of the agent or company which has the coverage and the
date
of expiration of the insurance coverage, or, in the event no coverage is in effect, the
debtor shall so
state on the plan.
The debtor(s) is required to carry physical damage insurance on the each
financed vehicle, if the
value of the vehicle is more than $1,500.00 at the time of filing and if the contract
between the
creditor and the borrower on the vehicle requires such insurance. Such insurance shall
contain a loss
payable endorsement naming the lienholder as "loss payee".
The debtor's attorney shall be responsible for furnishing proof of insurance
to the lienholder prior
to or at the time the § 341 meeting of creditors.
If such proof is not furnished, the creditor may:
(1) Obtain such insurance to
protect the creditors interest and may have the insurance
premium added to debtor's plan by filing a proof of claim therefor. The trustee may pay
said claim or the premium, including administrative costs, in as many months as the policy
period if sufficient funds are available and if the proof of claim is identified as a Rule
23
claim. The trustee without notice may raise the debtor's plan payment to the extent
required to pay such insurance premium; or,
(2) Obtain possession of the vehicle at the § 341 meeting of creditors. If the vehicle
cannot
be obtained at the meeting of creditors, on request of the creditor, the debtor shall make
the vehicle available to the creditor as soon as possible. The debtor(s) shall have 14
days
after the meeting of creditors in which to furnish the lienholder with satisfactory proof
of
insurance. Should the debtor(s) fail to furnish proof of insurance within said 14 day
period, the automatic stay of § 362 shall be terminated as to said lienholder upon
submission of an appropriate order. Prior to the termination of the automatic stay, the
lienholder shall release the vehicle to the debtor(s) upon receipt of adequate
proof of
insurance.
If during the pendency of the plan the debtor ceases to maintain insurance on vehicles
as
required by this rule, then the creditor may obtain such insurance to protect the
creditor(s) interest in the manner and to the effect as set out in paragraph 1 above.
Rule S13-4.
Chapter 13 Proofs of
Claim
Northern District
The original and one copy of each
chapter 13 proof of claim shall be filed in the office of the clerk.
Southern District
All original chapter 13
proofs of claim shall be filed in the office of the standing trustee to whom
the case is assigned. The trustee shall note its date of receipt thereon and the proof of
claim shall be
deemed filed as of the date of its original date of delivery to the trustee. The trustee
shall transmit the
proof of claim to the clerk of the bankruptcy court together with a motion to allow or
disallow the
claim together with an appropriate order and notice to the debtor(s) and the debtor's
attorney.
Rule S13-5.
Payments to Creditors in
Chapter 13 Cases
The minimum payment by
the trustee to a chapter 13 creditor shall be $5.00. Funds not
distributed because of this Local Rule shall accumulate and shall be paid whenever the
accumulation
aggregates $5.00. All funds in the hands of the trustee for distribution at the time of
the final payment
shall be distributed with the final payment.
LOCAL
RULE S7-1 (c)
UNITED STATES
BANKRUPTCY COURT FOR THE
SOUTHERN
DISTRICT OF
MISSISSIPPI
IN THE MATTER OF:
CHAPTER 7
PROCEEDING NO:
AGREED RELINQUISHMENT
OF SECURITY AND
RIGHT TO REDEEM,
MOTION TO LIFT AUTOMATIC STAY,
AND APPLICATION FOR ABANDONMENT
The undersigned debtor(s)
hereby relinquishes the property hereinafter set out to the creditor
hereinafter set out for the reason that the debtor does not wish to retain the secured
property and
does, by this instrument, release and relinquish the same to the said creditor, and does
further
relinquish the debtor's right to redemption of said property under Section 722 of the
Bankruptcy
Reform Act of 1978, fully understanding that the debtor(s) have the right to redeem said
property
by paying to the holder of the lien the amount of the allowed secured claim, but by the
signing of
this instrument does hereby give and waive this right.
The undersigned
creditor hereby makes application for abandonment of the property hereinafter
set out for the grounds set out below.
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